In Meyer v. Tyner (273 A.D.2d 364 [2nd Dept 2000]), plaintiffs, prospective buyers went up a dimly lit attic, stepped off a plywood landing, and fell through the insulation. The plaintiffs commenced a negligence action against the owners and the real estate agents. The Court held that summary judgment was properly granted in favor of the real estate agents, as the plaintiffs failed to raise any issue of fact to overcome the showing that the real estate agents did not own, occupy, control, or make a special use of the subject premises.